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Full-Text Articles in Law
Identifying Fundamental Breach Of Articles 25 And 49 Of The Cisg: The Good Faith Duty Of Collaborative Efforts To Cure Defects - Make The Parties Draw A Line In The Sand Of Substantiality, Yasutoshi Ishida
Michigan Journal of International Law
Article 49(1) of the CISG allows buyers of international goods to avoid their sales contracts “if the failure by the seller to perform . . . amounts to a fundamental breach.” A breach is “fundamental,” as defined by CISG article 25, when it causes the buyer such detriment “as substantially to deprive him of what he is entitled to expect under the contract.” This definition is followed by the so-called “foreseeability test,” an “unless” clause that excepts the situation where “the party in breach did not foresee[,] and a reasonable person of the same kind in the same circumstances would …
Can We Dicker Online Or Is Traditional Contract Formation Really Dying - Rethinking Traditional Contract Formation For The World Wide Web, Tatiana Melnik
Can We Dicker Online Or Is Traditional Contract Formation Really Dying - Rethinking Traditional Contract Formation For The World Wide Web, Tatiana Melnik
Michigan Telecommunications & Technology Law Review
When most people imagine the process of contract formation, they picture two people sitting down and negotiating, arguing about particular contract provisions and particular contract terminology, and maybe even involving attorneys to draft an "official" version of the contract. Regardless of the specific details people imagine, traditional contract formation generally involves some form of negotiation between two parties where they choose one set of terms over another. In modern society, however, such negotiation happens very rarely. People enter into many contracts on a daily basis, for example, when they purchase goods or services online. Online purchases are governed by computers, …
Improving The Rolling Contract, Stephen E. Friedman
Improving The Rolling Contract, Stephen E. Friedman
American University Law Review
This article addresses the increasingly common problem of buyers finding important contract terms inside the box of a newly purchased item instead of learning about them before or during purchase. The failure of courts to develop a satisfactory approach to deciding which contact terms sellers may provide after purchase is of great significance in light of the rapid proliferation of rolling contracts. In this article, Friedman proposes a mechanism that will ensure that sellers have the flexibility to defer presentation of some terms but that will also protect purchasers against the unfair imposition of unexpected and important terms arriving at …
Parol Modification And The Statute Of Frauds: Fitting The Pieces Together Under The Uniform Commercial Code, Jeanette K. Brooks
Parol Modification And The Statute Of Frauds: Fitting The Pieces Together Under The Uniform Commercial Code, Jeanette K. Brooks
Campbell Law Review
This comment explores, respectively, the history and purpose of the statute of frauds, the requirement of the Code's statute of frauds, the distinctions between sections 2-209(2) and 2-209(3), the faults in the majority application of section 2-209(3), the proposed application of section 2-209(3), and the benefits of the submitted application of section 2-209.
Warranties Against Infringement In The Sale Of Goods: A Comparison Of U.C.C. § 2-312(3) And Article 42 Of The U.N. Convention On Contracts For The International Sale Of Goods, Joseph J. Schwerha Iv
Warranties Against Infringement In The Sale Of Goods: A Comparison Of U.C.C. § 2-312(3) And Article 42 Of The U.N. Convention On Contracts For The International Sale Of Goods, Joseph J. Schwerha Iv
Michigan Journal of International Law
Gone are the days of simple sales contracts. Today's corporate lawyers must have not only a substantial understanding of basic commercial law, but also of the related intellectual property law. Because of the shrinking global economy, such knowledge must rise to an international level.
The Merchant's Exception To The Uniform Commercial Code's Statute Of Frauds, Charles D. Onofry
The Merchant's Exception To The Uniform Commercial Code's Statute Of Frauds, Charles D. Onofry
Villanova Law Review
No abstract provided.
The Modification Mystery: Section 2-209 Of The Uniform Commercial Code, John E. Murray Jr.
The Modification Mystery: Section 2-209 Of The Uniform Commercial Code, John E. Murray Jr.
Villanova Law Review
No abstract provided.
Inventory Lender As A Good Faith Purchaser For Value: Priority Problems In U.C.C. 2-702
Inventory Lender As A Good Faith Purchaser For Value: Priority Problems In U.C.C. 2-702
Washington and Lee Law Review
No abstract provided.
The Diminishing Difference Between Selling And Leasing Tangible Personal Property, Richard Marshall Abrams
The Diminishing Difference Between Selling And Leasing Tangible Personal Property, Richard Marshall Abrams
Villanova Law Review
No abstract provided.
Contracts--Developing Concepts Of Unconscionability, Kevin D. Dolan
Contracts--Developing Concepts Of Unconscionability, Kevin D. Dolan
West Virginia Law Review
Section 2-302 of the Uniform Commercial Code is a widely discussed and controversial statement of the law of unconscionability. It was a part of the original UCC as adopted by Pennsylvania in 1953, but some states elected to omit that section when they accepted the UCC. There are three fundamental reasons for their not adopting the section. The first objection is that the section goes against the security of the transaction by allowing the courts to remake parts of the contract. The second stems from the fact that the section limits the parties' freedom to contract because it is often …
Uniform Commercial Code - Section 2-719(3) - Presumption Of Unconscionability On The Part Of Tire Manufacturer For Exclusion Of Liability For Personal Injuries Under Express Warranty Against Blowouts Is Not Rebutted By Proof That The Tire Was Not Defective, Katherine A. Bomba
Villanova Law Review
No abstract provided.
Severance Of Buyer's Defenses Against Seller's Assignee Through Merger-Disclaimer Clauses: Circumvention Of Uccc Sections 2.403 And 2.404, Robert Dugan
Villanova Law Review
No abstract provided.
Recent Developments In Products Liability Law In Pennsylvania, Warren W. Faulk
Recent Developments In Products Liability Law In Pennsylvania, Warren W. Faulk
Villanova Law Review
No abstract provided.
Cigarette Manufacturers' Warranty: Application Of Old Law Or New, John A. Luchsinger, Joseph A. Tate
Cigarette Manufacturers' Warranty: Application Of Old Law Or New, John A. Luchsinger, Joseph A. Tate
Villanova Law Review
No abstract provided.
Objective: Tax Avoidance, Clay Brown And The Three-Party Sale And Leaseback, Louis F. Nicharot
Objective: Tax Avoidance, Clay Brown And The Three-Party Sale And Leaseback, Louis F. Nicharot
Villanova Law Review
No abstract provided.
The Law Applicable To International Letters Of Credit, Roger J. Gewolb
The Law Applicable To International Letters Of Credit, Roger J. Gewolb
Villanova Law Review
No abstract provided.
The Uniform Commercial Code's Statute Of Frauds For Sales Of Goods, Joseph A. Tate
The Uniform Commercial Code's Statute Of Frauds For Sales Of Goods, Joseph A. Tate
Villanova Law Review
No abstract provided.
Legislative Solution To A Judicial Dilemma: The Pennsylvania Home Improvement Finance Act, Edward Gerald Donnelly Jr.
Legislative Solution To A Judicial Dilemma: The Pennsylvania Home Improvement Finance Act, Edward Gerald Donnelly Jr.
Villanova Law Review
No abstract provided.
Sales - Implied Warranty - Final Parts Assembler But Not Parts Manufacturer Liable For Death Of Passenger In Airplane Crash, Malcolm J. Gross
Sales - Implied Warranty - Final Parts Assembler But Not Parts Manufacturer Liable For Death Of Passenger In Airplane Crash, Malcolm J. Gross
Villanova Law Review
No abstract provided.
The Effects Of The Autonomy Of The Parties On The Validity Of Conflict-Of-Laws Sales Contracts, Louis C. James
The Effects Of The Autonomy Of The Parties On The Validity Of Conflict-Of-Laws Sales Contracts, Louis C. James
West Virginia Law Review
No abstract provided.
Constitutional Law--Construction Of Constitutional Provision For Sale Of Land For School Fund--Right Of Redemption Restricted, R. G. S.
West Virginia Law Review
No abstract provided.
Contracts, Sales, Insurance, Henry B. Witham
Contracts, Sales, Insurance, Henry B. Witham
Indiana Law Journal
No abstract provided.
Conditional Sale Contracts In Indiana, Ollie C. Reeves
Conditional Sale Contracts In Indiana, Ollie C. Reeves
Indiana Law Journal
No abstract provided.
Extension Of Liability Of Abstracters, Harry R. Trusler
Extension Of Liability Of Abstracters, Harry R. Trusler
Michigan Law Review
The General Rule.- In 1900 a standard encyclopedia said: "By the weight of authority an abstracter is liable only to the person ordering and paying for the abstract; and where this view obtains, the fact that an abstracter has knowledge that his abstract is to be used in a sale or loan to advise a purchaser or person about to lend money does not affect the rule as to his liability. In some jurisdictions, however, the abstracter's liability has been extended to protect those who, relying on the correctness of the abstract, are injured."